[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Proposed Rules]
[Pages 59283-59290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20388]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 05-003-1]
Importation of Peppers From Certain Central American Countries
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations governing the
importation of fruits and vegetables in order to allow certain types of
peppers grown in approved registered production sites in Costa Rica, El
Salvador, Guatemala, Honduras, and Nicaragua to be imported into the
United States without treatment. The conditions to which the proposed
importation of peppers would be subject, including trapping, pre-
harvest inspection, and shipping procedures, are designed to prevent
the introduction of quarantine pests into the United States. This
action would allow for the importation of peppers from those countries
in Central America while continuing to provide protection against the
introduction of quarantine pests into the United States.
DATES: We will consider all comments that we receive on or before
December 12, 2005.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box,
select ``Animal and Plant Health Inspection Service'' from the agency
drop-down menu, then click on ``Submit.'' In the Docket ID column,
select APHIS-2005-0095 to submit or view public comments and to view
supporting and related materials available electronically. After the
close of the comment period, the docket can be viewed using the
``Advanced Search'' function in Regulations.gov.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 05-003-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 05-003-1.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Donna L. West, Senior Import
Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700
River Road Unit 140, Riverdale, MD 20737-1228; (301) 734-8262.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56
though 319.56-8, referred to below as the regulations) prohibit or
restrict the importation of fruits and vegetables into the United
States from certain parts of the world to prevent the introduction and
dissemination of plant pests that are new to or not widely distributed
within the United States.
We are proposing to amend the regulations to allow the importation
of peppers (Capsicum spp.) from Costa Rica, El Salvador, Guatemala,
Honduras, and Nicaragua under certain conditions that would be set
forth in a new Sec. 319.56-2nn. The quarantine pests of concern for
peppers from those countries, as identified in a pest risk assessment
prepared for this proposed rule,\1\ are the Mexican fruit fly (Mexfly,
Anastrepha ludens) for certain types of peppers, Mediterranean fruit
fly (Medfly, Ceratitis capitata), the weevil Faustinus ovatipennis, pea
leafminer (Liriomyza huidobrensis), tomato fruit borer (Neoleucinodes
elegantalis), banana moth (Opogona sacchari), latana mealybug
(Phenacoccus parvus), passionvine mealybug (Planococcus minor), melon
thrips (Thrips palmi), the rust fungus Puccinia pampeana, Andean potato
mottle virus, and tomato yellow mosaic virus.
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\1\ The pest risk assessment, titled ``Importation of Fresh
Pepper Fruit with Stems (Capsicum annuum L., C. frutescens L., C.
baccatum L., C. pubescens Ruiz & Pav., and C. chinense Jacq.) from
Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua into the
United States,'' may be viewed on the Regulations.gov site (see
ADDRESSES above for instructions for accessing Regulations.gov) or
on the APHIS Web site at http://www.aphis.usda.gov/ppq/pra/draft/.
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To mitigate the risks presented by Mexfly and Medfly, we have
developed a specific systems approach, which is described below. The
remaining pests exhibit symptoms that are macroscopic and detectable
upon visual inspection in the production areas or during pre-export or
port-of-entry inspections. Specifically:
The weevil Faustinus ovatipennis feeds on leaves, stem,
inflorescence, and fruit. Both larvae and adults are external feeders
and, as a result, easily observed.
Pea leafminers spend a majority of their life cycle in
larval form, mining host leaves. These mines are easily detectable via
visual inspection.
Tomato fruit borer larvae penetrate the fruit and may
cause the fruit to fall
[[Page 59284]]
or become otherwise unmarketable. More mature larvae create large exit
holes in the fruit that can be easily detected. In addition, the screen
size required by the systems approach as described below is too small
to allow the entry of adult tomato fruit borers.
The banana moth mines plant stems, causing leaf fall and
allowing pathogens to colonize and destroy affected plants. Infected
plants will not produce quality fruit suitable for export. In addition,
the screen size required by the systems approach as described below is
too small to allow the entry of adult banana moths.
Latana mealybug and passionvine mealybug are both external
pests that are white in color. They are easily detectable on the darker
skin of the host. In addition, these pests may also cause deformities
in the plant, making infestation obvious.
Melon thrips cause leaves to yellow and die. Terminal bud
growth may be arrested and fruits may be scarred or deformed.
The rust fungus Puccinia pampeana causes yellow or orange
rust pustules to form on the pepper fruit stem which are easily
detectable via visual inspection.
The Andean potato mottle virus and tomato yellow mosaic
virus are easily observable on mature plants in the field. Symptoms
include mottling of the plant, mosaic coloring, and other plant
deformities. In many cases the fruit will not develop and the plants
themselves may be dwarfed.
We have developed the following phytosanitary measures to guard
against the entry of Medfly and Mexfly in shipments of peppers from
those countries into the United States. The proposed measures vary,
depending upon area freedom from Medfly and Mexfly. Capsicum pubescens
(commonly referred to as rocoto pepper), a preferred host for Mexfly
and Medfly, would be allowed entry only if grown in a certified pest-
free greenhouse, whereas field-grown Capsicum annuum (e.g., bell, wax,
pimento, jalapeno), Capsicum frutescens (e.g., tabasco, malagueta),
Capsicum baccatum (e.g., bird pepper, aji), and Capsicum chinense
(e.g., habanero, scotch bonnet) would be permitted under certain
circumstances.
Areas Where Medfly Is Present
C. annuum, C. frutescens, C. baccatum, C. chinense, and C.
pubescens grown in an area that has not been determined to be free of
Medfly would be required to be grown in approved production sites
registered with the national plant protection organization (NPPO) of
the exporting country and would be subject to the systems approach
detailed below. Initial approval of the production sites would be
completed jointly by the exporting country's NPPO and the Animal and
Plant Health Inspection Service (APHIS). Representatives of the
exporting country's NPPO would have to visit and inspect the production
sites monthly, starting 2 months before harvest and continuing through
until the end of the shipping season. APHIS could monitor the
production sites at any time during this period.
Pepper production sites would have to consist of pest exclusionary
greenhouses with self-closing double doors. All additional openings
would be required to be covered with 1.6 (or less) millimeter
screening. Registered sites would have to contain traps with an
approved protein bait for the detection of fruit flies within the
greenhouses at a density of four traps per hectare, with a minimum of
at least two traps per greenhouse. Traps would have to be serviced on a
weekly basis. In addition, Medfly traps with an approved protein bait
would have to be placed inside a buffer area 500 meters wide around the
registered production site, at a density of 1 trap per 10 hectares.
These traps would have to be checked at least once every 7 days. At
least one trap would have to be near the greenhouse. Traps would have
to be set for at least 2 months prior to export and trapping would have
to continue to the end of harvest. Capture of 0.7 or more Medflies per
trap per week within the buffer zone would suspend or delay the
harvest, depending on whether the harvest had begun, for consignments
of peppers from that production site until APHIS and the exporting
country's NPPO determine that the pest risk has been mitigated.
If a single Medfly is detected inside a registered production site
or in a consignment, the registered production site would lose its
ability to export peppers to the United States until APHIS and the
exporting country's NPPO mutually determine that risk mitigation has
been achieved.
For the weevil Faustinus ovatipennis, pea leafminer, tomato fruit
borer, banana moth, latana mealybug, passionvine mealybug, melon
thrips, the rust fungus Puccinia pampeana, Andean potato mottle virus,
and tomato yellow mosaic virus, the production site would have to be
inspected prior to harvest, and if any of these pests or any other
quarantine pests are found to be generally infesting the production
site, the NPPO would not allow export from that production site until
risk mitigation has been achieved. If the NPPO detects any quarantine
pests in the consignment, the shipment would be deemed ineligible for
export to the United States.
The exporting country's NPPO would have to maintain records of trap
placement, checking of traps, and any Medfly captures. In addition, the
exporting country's NPPO would have to maintain an APHIS-approved
quality control program to monitor or audit the trapping program. The
trapping records would have to be maintained for APHIS's review.
We would require that the peppers be packed within 24 hours of
harvest in a pest exclusionary packinghouse. The peppers would have to
be safeguarded by an insect-proof mesh screen or plastic tarpaulin
while in transit from the production site to the packinghouse and while
awaiting packing. The peppers would have to be packed in insect-proof
cartons or containers, or covered with insect-proof mesh or plastic
tarpaulin, for transit to the United States. These safeguards would
have to remain intact until arrival in the United States or the
shipment would not be allowed to enter the United States.
During the time the packinghouse is in use for exporting peppers to
the United States, the packinghouse could accept peppers only from
registered approved production sites.
The exporting country's NPPO would be responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of peppers would have to be accompanied by a
phytosanitary certificate issued by the NPPO and bearing the
declaration, ``These peppers were grown in an approved production site
and the shipment has been inspected and found free of the pests listed
in the requirements.'' The shipping box would have to be labeled with
the identity of the production site.
Areas Where Mexfly Is Present
C. pubescens grown in an area that has not been determined to be
free of Mexfly \2\ would have to be grown in approved production sites
registered with the NPPO of the exporting country and would be subject
to the systems approach detailed below. Initial approval of the
production sites would be completed jointly by the exporting country's
NPPO and APHIS. Representatives of the exporting country's NPPO would
have to visit and inspect the production sites monthly,
[[Page 59285]]
starting 2 months before harvest and continuing through until the end
of the shipping season. APHIS could monitor the production sites at any
time during this period.
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\2\ Currently, there are no areas covered by this proposed rule
that contain Mexfly free zones.
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Pepper production sites would have to consist of pest exclusionary
greenhouses with self-closing double doors. All additional openings
would be required to be covered with 1.6 (or less) millimeter
screening. Registered sites would have to contain traps with an
approved protein bait for the detection of fruit flies within the
greenhouses at a density of four traps per hectare, with a minimum of
at least two traps per greenhouse. Traps would have to be serviced on a
weekly basis. In addition, Mexfly traps with an approved protein bait
would have to be placed inside a buffer area 500 meters wide around the
registered production site, at a density of 1 trap per 10 hectares.
These traps would have to be checked at least once every 7 days. At
least one trap would have to be near the greenhouse. Traps would have
to be set for at least 2 months prior to export and trapping would have
to continue to the end of harvest. Capture of 0.7 or more Mexflies per
trap per week within the buffer zone would suspend or delay the
harvest, depending on whether the harvest had begun, for consignments
of peppers from that production site until APHIS and the exporting
country's NPPO determine that the pest risk has been mitigated.
If a single Mexfly is detected inside a registered production site
or in a consignment, the registered production site would lose its
ability to export peppers to the United States until APHIS and the
exporting country's NPPO mutually determine that risk mitigation is
achieved. For the other pests of concern listed above, the greenhouse
would have to be inspected prior to harvest, and if any of these pests
or any other quarantine pests are found to be generally infesting the
greenhouse, the NPPO would not allow export from that production site
until risk mitigation has been achieved. If the NPPO detected any
quarantine pests in the consignment, the shipment would be deemed
ineligible for export to the United States.
The exporting country's NPPO would have to maintain records of trap
placement, checking of traps, and any Mexfly captures. In addition, the
exporting country's NPPO would have to maintain an APHIS-approved
quality control program to monitor or audit the trapping program. The
trapping records would have to be maintained for APHIS's review.
We would require that the peppers be packed within 24 hours of
harvest in a pest exclusionary packinghouse. The peppers would have to
be safeguarded by an insect-proof mesh screen or plastic tarpaulin
while in transit from the production site to the packinghouse and while
awaiting packing. The peppers would have to be packed in insect-proof
cartons or containers, or covered with insect-proof mesh or plastic
tarpaulin, for transit to the United States. These safeguards would
have to remain intact until arrival in the United States or the
shipment would not be allowed to enter the United States.
During the time the packinghouse is in use for exporting peppers to
the United States, the packinghouse could accept peppers only from
registered approved production sites.
The exporting country's NPPO would be responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of peppers would have to be accompanied by a
phytosanitary certificate issued by the NPPO and bearing the
declaration, ``These peppers were grown in an approved production site
and the shipment has been inspected and found free of the pests listed
in the requirements.'' The shipping box would have to be labeled with
the identity of the production site.
Medfly Free Areas
We would allow C. annuum, C. frutescens, C. baccatum, and C.
chinense grown in a Medfly-free area to be imported under conditions
less stringent than those described above for peppers grown in areas
where Medfly is present. The peppers would have to be grown and packed
in an area that APHIS has determined to be free of Medfly in accordance
with the procedures described in Sec. 319.56-2(f); currently, Honduras
and Guatemala are the only Central American countries covered by this
proposal that contain such areas.
A pre-harvest inspection of the production site would be conducted
by the NPPO for the detection of Medfly. If Medfly is found to be
generally infesting the production site, the NPPO would not allow
export from that production site until it is determined that risk
mitigation is achieved. For the other pests of concern listed above
(i.e., those pests other than Medfly and Mexfly), the production site
would have to be inspected prior to harvest, and if any of these pests
or any other quarantine pests are found to be generally infesting the
production site, the NPPO would not allow export from that production
site until risk mitigation has been achieved. If the NPPO detected any
quarantine pests in the consignment, the shipment would be deemed
ineligible for export to the United States.
We would require that peppers be packed in insect-proof cartons or
containers, or covered with insect-proof mesh or plastic tarpaulin, for
transit to the United States. These safeguards would have to remain
intact until arrival in the United States or the shipment would not be
allowed to enter the United States. These measures would be necessary
since, although the production area is Medfly-free, the peppers would
need to be protected against infestation while in transit.
The exporting country's NPPO would be responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of peppers would have to be accompanied by a
phytosanitary certificate issued by the NPPO and bearing the
declaration, ``These peppers were grown in an area recognized to be
free of Medfly and the shipment has been inspected and found free of
the pests listed in the requirements.'' The shipping box would have to
be labeled with the identity of the production site.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
The Regulatory Flexibility Act (RFA) requires that agencies
consider the economic impact of their rules on small businesses,
organizations, and governmental jurisdictions. In accordance with
section 603 of the RFA, we have prepared an initial regulatory
flexibility analysis describing the expected impact of the changes
proposed in this document on small entities.
Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary
of Agriculture is authorized to regulate the importation of plants,
plant products, and other articles to prevent the introduction of plant
pests and noxious weeds.
We are proposing to amend the regulations governing the importation
of fruits and vegetables in order to allow certain types of peppers
grown in approved registered production sites in Costa Rica, El
Salvador, Guatemala, Honduras, and Nicaragua to be imported into the
United States without treatment. The conditions to which the proposed
importation of peppers would
[[Page 59286]]
be subject, including trapping, pre-harvest inspection, and shipping
procedures, are designed to prevent the introduction of quarantine
pests into the United States. This action would allow for the
importation of peppers from those countries in Central America while
continuing to provide protection against the introduction of quarantine
pests into the United States.
Central American Production and Exports
While agriculture is an important industry in the countries that
would be affected by this rule, it does not account for the largest
share of gross domestic product in any of the countries. Peppers do not
appear to be major crops in those Central American countries. However,
production and exports of both commodities are following upward trends.
Over the past four decades, pepper production in Central America
has been on the rise. For the last 11 years, exports of peppers from
this region have also increased. However, much of the increase in
exports is a reflection of increased trade among the countries in this
region. During this time period, an average of 62.23 percent of exports
were intra-regional. Although this percentage has fluctuated
substantially, the percentage of peppers exported from Central American
countries to other Central American countries has been generally above
70 percent since 1997 with the exception of 2002. In 2003,
approximately 96 percent of all Central American pepper exports were
sent to other countries within the region.
It is estimated that about 31,040 metric tons of peppers may be
imported into the United States each year from Costa Rica, El Salvador,
Guatemala, Honduras, and Nicaragua as a result of the proposed rule.\3\
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\3\ These estimates were provided by the proposed exporting
countries and have been aggregated for the purpose of this analysis.
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U.S. Production and Trade Levels
In 2004, U.S. total pepper production totaled 843,696 metric tons
(Table 1). While domestic production has fluctuated from year to year
and has declined or remained steady since 2000, there has been an
upward trend in domestic pepper production over the last 9 years.
Imports have also been on the rise, and these have been increasing at a
rapid pace since 1996. Per capita consumption of bell peppers has
remained fairly constant over the past nine years, while consumption of
chile peppers has been growing at a steady pace since 1996, as seen in
Table 1. Although the levels of production, imports, and per capita
consumption are reported for all pepper varieties, information on
exports and domestic consumption is not available. This is only
reported in the case of bell peppers, and is shown in Table 2. This
table shows that most production is consumed domestically, with
approximately 10 percent devoted to exports. Additionally, as mentioned
above, per capita consumption of bell peppers has been steady despite
the overall increase in imports.
Table 1.--U.S. Production, Imports, and Per Capita Consumption of All Peppers, 1996-2004
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Production and imports (metric Per capita consumption (pounds)
tons) -----------------------------------------------
Year --------------------------------
Production Imports Bell peppers Chili peppers Total
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1996............................ 752,976 277,334 7.1 4.6 11.7
1997............................ 680,400 290,557 6.4 4.5 10.9
1998............................ 662,256 329,336 6.4 4.7 11.1
1999............................ 707,616 342,128 6.7 4.7 11.4
2000............................ 911,736 346,660 7.0 5.1 12.1
2001............................ 857,304 366,514 6.9 5.1 12.0
2002............................ 843,696 408,499 6.8 5.7 12.5
2003............................ 843,696 426,197 6.9 5.5 12.4
2004............................ 843,696 445,982 7.1 6.0 13.1
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Source: USDA/ERS, ``Vegetables and Melons Yearbook,'' http://usda.mannlib.cornell.edu/data-sets/specialty/89011/
.
Table 2.--U.S. Supply and Utilization of Fresh Bell Peppers, 2000-2004
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Supply Utilization
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Year Per capita use
Production Imports Total Exports Domestic (pounds)
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(Metric tons)
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1996.................................................... 754,745 171,143 925,888 60,465 865,423 7.1
1997.................................................... 678,540 179,217 857,758 60,692 797,066 6.4
1998.................................................... 660,260 199,085 859,345 57,970 801,375 6.4
1999.................................................... 705,892 206,524 912,416 66,309 846,107 6.7
2000.................................................... 765,631 198,190 963,822 71,479 892,342 7.0
2001.................................................... 748,168 215,596 963,764 73,347 890,417 6.9
2002.................................................... 710,700 249,979 960,679 73,166 887,514 6.8
2003.................................................... 731,112 245,715 976,828 72,077 904,751 6.9
2004.................................................... 762,184 258,053 1,020,237 73,438 946,799 7.1
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Source: USDA/ERS, ``Vegetables and Melons Yearbook,'' http://usda.mannlib.cornell.edu/data-sets/specialty/89011/.
[[Page 59287]]
From 1995 to 2003, most of the peppers imported into the United
States came from Mexico, Canada, and the Netherlands, with the majority
supplied by Mexico. Given the close ties created by the North American
Free Trade Agreement, these trading patterns are not surprising.
It is unlikely that the proposed changes would lead to dramatic
increases in U.S. import levels of peppers. The amount of peppers
expected to be imported from that region (31,040 metric tons)
represents approximately 6.95 percent of the 2004 import level (445,982
metric tons). Thus, Central American imports are not expected to
command a large portion of the U.S. imported pepper market.
Effects on Small Entities
This proposed rule would affect domestic producers of peppers as
well as importers that deal with these commodities. It is likely that
the entities affected would be small according to Small Business
Administration (SBA) guidelines. As detailed below, information
available to APHIS indicates that the effects on these small entities
would not be significant.
Two alternatives to the proposed course of action are as follows:
Maintaining the regulations as they are currently written regarding the
importation of peppers from these Central American countries or
allowing importation without establishing the proposed risk
mitigations.
The first alternative would maintain current safeguards against the
entry of quarantine pests. However, this option would also mean that
those specified Central American countries as well as the United States
would forgo the economic benefits expected to be afforded by the
proposed trade.
Allowing importation of fresh peppers from certain Central American
countries under phytosanitary requirements less restrictive than are
proposed could potentially lead to the introduction of pests not
currently found in the United States. This option could result in
significant damage and costs to domestic production and is not
desirable for those reasons.
Affected U.S. pepper producers are expected to be small based on
the 2002 Census of Agriculture data and SBA guidelines for entities in
two farm categories: Other Vegetable (except Potato) and Melon Farming
(North American Industry Classification System [NAICS] number 111219)
and Other Food Crops Grown Under Cover (NAICS number 111419). The SBA
classifies producers in these farm categories as small entities if
their total annual sales are no more than $750,000. APHIS does not have
information on the size distribution of domestic pepper producers, but
according to 2002 Census data, there were a total of 2,128,892 farms in
the United States.\4\ Of this number, approximately 97 percent had
total annual sales of less than $500,000 in 2002, which is well below
the SBA's small entity threshold for commodity farms.\5\ This indicates
that the majority of farms are considered small by SBA standards, and
it is reasonable to assume that most of the 4,748 pepper farms that
could be affected by the proposed rule would also qualify as small. In
the case of fruit and vegetable wholesalers (NAICS number 422480),\6\
those entities with fewer than 100 employees are considered small by
SBA standards.\7\ In 1997, there were a total of 4,811 fruit and
vegetable wholesale trade farms in the United States.\8\ Of these
farms, 4,610 or 95.8 percent employed fewer than 100 employees and were
considered small by SBA standards. Between 1997 and 2002 there is not
likely to have been substantial changes in the industry. Therefore,
domestic producers and importers that may be affected by this proposed
rule are predominantly small entities.
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\4\ This number represents the total number of farms in the
United States, thus including barley, buckwheat, corn, millet, oats,
rice, soybean, and sugarcane farms.
\5\ Source: SBA and 2002 Census of Agriculture.
\6\ Note that this NAICS code relates to the 1997 Economic
Census. The 2002 NAICS code for this group is 424480.
\7\ For NAICS 424480, SBA guidelines state that an entity with
not more than 100 employees should be considered small unless that
entity is a government contractor. In this case, the size standard
increases to 500 employees. However, in this instance, it is fair to
assume that fruit and vegetable importers will not be under
government contract since it is against regulations for imports to
be used in relevant government programs (e.g., school lunch
programs).
\8\ Source: SBA and 1997 Economic Census.
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Economic analysis of the expected increase in imports of peppers
from Central America shows that the proposed importation of these
commodities would lead to negligible changes in domestic prices. Based
on historical consumption data, an increase in imports of this
magnitude would lead to a decrease in price of approximately $0.01 to
$0.02 per pound at the retail level, based on an average price of $1.15
per pound over the last 25 years.
Although domestic producers may face slightly lower prices as a
result of the proposed increase in the pepper supply, these price
changes are expected to be negligible. APHIS welcomes public comment on
these preliminary estimates. Changes of the magnitude presented here
should not have large repercussions for either domestic producers or
importers of peppers.
This proposed rule contains information collection or recordkeeping
requirements (see ``Paperwork Reduction Act'' below).
Executive Order 12988
This proposed rule would allow certain types of peppers from Costa
Rica, El Salvador, Guatemala, Honduras, and Nicaragua to be imported
into the United States. If this proposed rule is adopted, State and
local laws and regulations regarding peppers imported under this rule
would be preempted while the fruit is in foreign commerce. Fresh fruits
and vegetables are generally imported for immediate distribution and
sale to the consuming public and would remain in foreign commerce until
sold to the ultimate consumer. The question of when foreign commerce
ceases in other cases must be addressed on a case-by-case basis. If
this proposed rule is adopted, no retroactive effect will be given to
this rule, and this rule will not require administrative proceedings
before parties may file suit in court challenging this rule.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with the
proposed importation of peppers from Central America, we have prepared
an environmental assessment. The environmental assessment, entitled
``Proposed Rule for the Importation of Peppers from Central America,''
was prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2)
regulations of the Council on Environmental Quality for implementing
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA
Implementing Procedures (7 CFR part 372).
The environmental assessment may be viewed on the Regulations.gov
Web site or in our reading room (see ADDRESSES above for instructions
for accessing Regulations.gov and for information on the location and
hours of the reading room). You may request paper copies of the
environmental assessment by calling or writing to the person listed
under FOR FURTHER INFORMATION CONTACT. Please refer to the title of the
environmental assessment when requesting copies.
[[Page 59288]]
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 05-003-1.
Please send a copy of your comments to: (1) Docket No. 05-003-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance
Officer, OCIO, USDA, Room 404-W, 14th Street and Independence Avenue,
SW., Washington, DC 20250. A comment to OMB is best assured of having
its full effect if OMB receives it within 30 days of publication of
this proposed rule.
In this document, we are proposing to allow certain types of
peppers grown in approved registered production sites in Costa Rica, El
Salvador, Guatemala, Honduras, and Nicaragua to be imported into the
United States without treatment, under certain conditions. Those
conditions include trapping, pre-harvest inspection, and shipping
procedures designed to prevent the introduction of quarantine pests
into the United States. These precautions, along with other
requirements, would allow for the importation of peppers from those
countries in Central America while continuing to provide protection
against the introduction of quarantine pests into the United States.
Allowing peppers to be imported would necessitate the use of
certain information collection activities, including the completion of
pre-harvest inspections, phytosanitary certificates, and fruit fly
monitoring records.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.0037537 hours per response.
Respondents: Importers, producers, national plant protection
organizations.
Estimated annual number of respondents: 200.
Estimated annual number of responses per respondent: 3,994.625.
Estimated annual number of responses: 798,925.
Estimated total annual burden on respondents: 2,299 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 450 and 7701-7772 and 7781-7786; 21 U.S.C.
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
2. A new Sec. 319.56-2nn would be added as follows:
Sec. 319.56-2nn Administrative instructions: Conditions governing the
entry of peppers from certain Central American countries.
Fresh peppers (Capsicum spp.) may be imported into the United
States from Costa Rica, El Salvador, Guatemala, Honduras, and
Nicaragua, only under the following conditions:
(a) For peppers of the species Capsicum annuum, Capsicum
frutescens, Capsicum baccatum, and Capsicum chinense from areas free of
Mediterranean fruit fly (Medfly), terms of entry are as follows:
(1) The peppers must be grown and packed in an area that has been
determined by APHIS to be free of Mediterranean fruit fly (Medfly) in
accordance with the procedures described in Sec. 319.56-2(f) of this
subpart.
(2) A pre-harvest inspection of the growing site must be conducted
by the national plant protection organization (NPPO) of the exporting
country for the weevil Faustinus ovatipennis, pea leafminer, tomato
fruit borer, banana moth, latana mealybug, passionvine mealybug, melon
thrips, the rust fungus Puccinia pampeana, Andean potato mottle virus,
and tomato yellow mosaic virus, and if these pests are found to be
generally infesting the growing site, the NPPO may not allow export
from that production site until the NPPO has determined that risk
mitigation has been achieved.
(3) The peppers must be packed in insect-proof cartons or
containers or covered with insect proof mesh or plastic tarpaulin at
the packinghouse for transit to the United States. These safeguards
must remain intact until arrival in the United States.
(4) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of peppers must be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These
peppers were grown in an area recognized to be free of Medfly and the
shipment has been inspected and found free of the pests listed in the
requirements.''
(b) For peppers of the species Capsicum annuum, Capsicum
frutescens, Capsicum baccatum, Capsicum chinense, and Capsicum
pubescens from areas in which Medfly is considered to exist:
(1) The peppers must be grown in approved production sites
registered with the NPPO of the exporting country. Initial approval of
the production sites will be completed jointly by the exporting
country's NPPO and APHIS. The exporting country's NPPO will visit
[[Page 59289]]
and inspect the production sites monthly, starting 2 months before
harvest and continuing through until the end of the shipping season.
APHIS may monitor the production sites at any time during this period.
(2) Pepper production sites must consist of pest exclusionary
greenhouses, which must have self-closing double doors and have all
other openings and vents covered with 1.6 (or less) mm screening.
(3) Registered sites must contain traps for the detection of Medfly
both within and around the production site.
(i) Traps with an approved protein bait must be placed inside the
greenhouses at a density of four traps per hectare, with a minimum of
two traps per greenhouse. Traps must be serviced on a weekly basis.
(ii) If a single Medfly is detected inside a registered production
site or in a consignment, the registered production site will lose its
ability to export peppers to the United States until APHIS and the
exporting country's NPPO mutually determine that risk mitigation is
achieved.
(iii) Medfly traps with an approved protein bait must be placed
inside a buffer area 500 meters wide around the registered production
site, at a density of 1 trap per 10 hectares and a minimum of 10 traps.
These traps must be checked at least every 7 days. At least one of
these traps must be near the greenhouse. Traps must be set for at least
2 months before export and trapping must continue to the end of the
harvest.
(iv) Capture of 0.7 or more Medflies per trap per week will delay
or suspend the harvest, depending on whether harvest has begun, for
consignments of peppers from that production site until APHIS and the
exporting country's NPPO can agree that the pest risk has been
mitigated.
(v) The greenhouse must be inspected prior to harvest for the
weevil Faustinus ovatipennis, pea leafminer, tomato fruit borer, banana
moth, latana mealybug, passionvine mealybug, melon thrips, the rust
fungus Puccinia pampeana, Andean potato mottle virus, and tomato yellow
mosaic virus. If any of these pests, or other quarantine pests, are
found to be generally infesting the greenhouse, export from that
production site will be halted until the exporting country's NPPO
determines that the pest risk has been mitigated.
(4) The exporting country's NPPO must maintain records of trap
placement, checking of traps, and any Medfly captures. The exporting
country's NPPO must maintain an APHIS-approved quality control program
to monitor or audit the trapping program. The trapping records must be
maintained for APHIS's review.
(5) The peppers must be packed within 24 hours of harvest in a pest
exclusionary packinghouse. The peppers must be safeguarded by an
insect-proof mesh screen or plastic tarpaulin while in transit to the
packinghouse and while awaiting packing. Peppers must be packed in
insect-proof cartons or containers, or covered with insect-proof mesh
or plastic tarpaulin, for transit to the United States. These
safeguards must remain intact until arrival in the United States or the
consignment will be denied entry into the United States.
(6) During the time the packinghouse is in use for exporting
peppers to the United States, the packinghouse may accept peppers only
from registered approved production sites.
(7) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of peppers must be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These
peppers were grown in an approved production site and the shipment has
been inspected and found free of the pests listed in the
requirements.'' The shipping box must be labeled with the identity of
the production site.
(c) For peppers of the species Capsicum pubescens from areas in
which Mexican fruit fly (Mexfly) is considered to exist:
(1) The peppers must be grown in approved production sites
registered with the NPPO of the exporting country. Initial approval of
the production sites will be completed jointly by the exporting
country's NPPO and APHIS. The exporting country's NPPO must visit and
inspect the production sites monthly, starting 2 months before harvest
and continuing through until the end of the shipping season. APHIS may
monitor the production sites at any time during this period.
(2) Pepper production sites must consist of pest exclusionary
greenhouses, which must have self-closing double doors and have all
other openings and vents covered with 1.6 (or less) mm screening.
(3) Registered sites must contain traps for the detection of Mexfly
both within and around the production site.
(i) Traps with an approved protein bait must be placed inside the
greenhouses at a density of four traps per hectare, with a minimum of
two traps per greenhouse. Traps must be serviced on a weekly basis.
(ii) If a single Mexfly is detected inside a registered production
site or in a consignment, the registered production site will lose its
ability to ship under the systems approach until APHIS and the
exporting country's NPPO mutually determine that risk mitigation is
achieved.
(iii) Mexfly traps with an approved protein bait must be placed
inside a buffer area 500 meters wide around the registered production
site, at a density of 1 trap per 10 hectares and a minimum of 10 traps.
These traps must be checked at least every 7 days. At least one of
these traps must be near the greenhouse. Traps must be set for at least
2 months before export and trapping must continue to the end of the
harvest.
(iv) Capture of 0.7 or more Mexflies per trap per week will delay
or suspend the harvest, depending on whether harvest has begun, for
consignments of peppers from that production site until APHIS and the
exporting country's NPPO can agree that the pest risk has been
mitigated.
(v) The greenhouse must be inspected prior to harvest for the
weevil Faustinus ovatipennis, pea leafminer, tomato fruit borer, banana
moth, latana mealybug, passionvine mealybug, melon thrips, the rust
fungus Puccinia pampeana, Andean potato mottle virus, and tomato yellow
mosaic virus. If any of these pests, or other quarantine pests, are
found to be generally infesting the greenhouse, export from that
production site will be halted until the exporting country's NPPO
determines that the pest risk has been mitigated.
(4) The exporting country's NPPO must maintain records of trap
placement, checking of traps, and any Mexfly captures. The exporting
country's NPPO must maintain an APHIS-approved quality control program
to monitor or audit the trapping program. The trapping records must be
maintained for APHIS's review.
(5) The peppers must be packed within 24 hours of harvest in a pest
exclusionary packinghouse. The peppers must be safeguarded by an
insect-proof mesh screen or plastic tarpaulin while in transit to the
packinghouse and while awaiting packing. Peppers must be packed in
insect-proof cartons or containers, or covered with insect-proof mesh
or plastic tarpaulin, for transit to the United States. These
safeguards must remain intact until arrival in the United States or the
consignment will be denied entry into the United States.
(6) During the time the packinghouse is in use for exporting
peppers to the United States, the packinghouse may
[[Page 59290]]
accept peppers only from registered approved production sites.
(7) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of peppers must be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These
peppers were grown in an approved production site and the shipment has
been inspected and found free of the pests listed in the
requirements.'' The shipping box must be labeled with the identity of
the production site.
Done in Washington, DC, this 6th day of October 2005.
N.E. Gutierrez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-20388 Filed 10-11-05; 8:45 am]
BILLING CODE 3410-34-P